Robbins Geller Rudman & Dowd LLP Files Class Action Suit against CPI Corp.
January 13 2012 - 5:14PM
Business Wire
Robbins Geller Rudman & Dowd LLP (“Robbins Geller”)
(http://www.rgrdlaw.com/cases/cpicorp/) today announced that a
class action has been commenced on behalf of an institutional
investor in the United States District Court for the Eastern
District of Missouri on behalf of purchasers of CPI Corp. (“CPI”)
(NYSE:CPY) common stock during the period between April 20, 2010
and December 21, 2011 (the “Class Period”).
If you wish to serve as lead plaintiff, you must move the Court
no later than 60 days from today. If you wish to discuss this
action or have any questions concerning this notice or your rights
or interests, please contact plaintiff’s counsel, Darren Robbins of
Robbins Geller at 800/449-4900 or 619/231-1058, or via e-mail at
djr@rgrdlaw.com. If you are a member of this class, you can view a
copy of the complaint as filed or join this class action online at
http://www.rgrdlaw.com/cases/cpicorp/. Any member of the putative
class may move the Court to serve as lead plaintiff through counsel
of their choice, or may choose to do nothing and remain an absent
class member.
The complaint charges CPI and certain of its officers and
directors with violations of the Securities Exchange Act of 1934.
CPI is a holding company engaged, through its wholly owned
subsidiaries, in selling and manufacturing professional portrait
photography of young children, individuals and families and other
related products and services.
The complaint alleges that during the Class Period, defendants
issued materially false and misleading statements regarding the
Company’s business and financial results. Defendants represented
that the Company’s initiatives to grow the business were working,
that it was well positioned for growth and that its stock was a
“good investment” when it was trading at $22 per share. As a result
of defendants’ false statements, CPI stock traded at artificially
inflated prices during the Class Period, reaching a high of $31.91
per share on May 12, 2010.
On December 22, 2011, the Company announced its financial
results for its third fiscal quarter ended November 12, 2011. The
Company reported a net loss of ($7.25) million or ($1.03) diluted
earnings per share for the third quarter and that net sales
declined 11% to $95.0 million, due in significant part to the
Company’s comparable store sales declines. The results also meant
that CPI had failed its leverage ratio test for its revolving
credit facility. CPI had to obtain an amendment to its credit
agreement. As a result, CPI will have to stop its dividend. On this
news, CPI stock collapsed $3.30 per share to close at $1.98 per
share on December 22, 2011, a one-day decline of nearly 63%.
According to the complaint, the true facts, which were known by
defendants but concealed from the investing public during the Class
Period, were as follows: (a) CPI’s business was performing much
worse than defendants acknowledged and was deteriorating; (b) CPI’s
initiatives to grow the business were not working at the levels
represented by defendants; (c) CPI’s stock was not a “good
investment” and the Company’s stock buy-back was intended solely to
project false confidence in the Company’s prospects; and (d) CPI’s
cash flows would continue to deteriorate due to poor revenue growth
such that CPI’s capital structure was not as strong as defendants
represented.
Plaintiff seeks to recover damages on behalf of all purchasers
of CPI common stock during the Class Period (the “Class”). The
plaintiff is represented by Robbins Geller, which has expertise in
prosecuting investor class actions and extensive experience in
actions involving financial fraud.
Robbins Geller, a 180-lawyer firm with offices in San Diego, San
Francisco, New York, Boca Raton, Washington, D.C., Philadelphia and
Atlanta, is active in major litigations pending in federal and
state courts throughout the United States and has taken a leading
role in many important actions on behalf of defrauded investors,
consumers, and companies, as well as victims of human rights
violations. The Robbins Geller Web site (http://www.rgrdlaw.com)
has more information about the firm.
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